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797 results found for "park doctrine"
- “Can I Sue ‘em For My Legal Fees?”
court’s discretion to determine the degree of punishment for contempt permits the court to impose as part Chambers , 501 U.S. at 45-46 (citations, footnotes, internal quotation marks, ellipses and brackets omitted Taliercio , 8 A.D3d 476 (2 nd Dep’t 2004) (citations, internal quotation marks and brackets omitted)
- CHANGING VENUE PURSUANT TO CPLR 510(3)
O’Brien , 207 A.D.2d at 172 – 73 (citations, internal quotation marks and ellipses omitted). CPLR 507 provides that actions affecting title to real property “shall be in the county in which any part Xhika , 125 A.D.3d at 647 (citations and internal quotation marks omitted).)
- Third Department Gives No Break to Pro Se Litigant Attempting to Vacate a Default Judgment
(Citations and internal quotation marks omitted.) (Citations and internal quotation marks omitted.)
- First Department Finds Fraud Claim Duplicative of Contract Claim Even Though Plaintiff Stated A Duty Independent of The Contract
Citibank, N.A. , 84 A.D.3d 588, 589 (1st Dept. 2011) (internal quotation marks omitted). result of the wrong” or what is known as the “out-of-pocket” rule”) (citation and internal quotation marks
- The Appellate Division, Fourth Department, Addresses The Distinction Between An Insurer’s Duty To Defend And Its Duty To Indemnify
Seaboard , 64 N.Y.2d 310 -11 (citations, some quotation marks and brackets omitted). Seaboard , 64 N.Y.2d 312 (citations, quotation marks and some brackets omitted). The Fourth Department modified by “denying the cross-motion in part and reinstating the complaint against (Citations, internal quotation marks and brackets omitted.) (Emphasis in original, citations and internal quotation marks omitted.)
- New York’s Highest Court Rules That Disgorgement Payment is Not A Penalty For Purposes of Insurance Coverage
(Citation and internal quotation marks omitted.) wrongdoers as a consequence of violating public laws, they represent a penalty .…” (Internal quotation marks availability of coverage under a “wrongful act” liability policy for funds the insureds “disgorged’ as part Co. of N.Y. , 19 N.Y.3d 704, 708 (2012) (internal quotation marks and citation omitted). Id. Id.
- Court Declines Pre-Action Discovery Due to The Failure to Plead a Fraud Cause of Action
(citation and internal quotation marks omitted). Bishop v.
- New York Court of Appeals Holds That Registering to Do Business Does Not Confer General Jurisdiction Over a Foreign Corporation
Jorling , 85 N.Y.2d 382, 394 (1995) (internal quotation marks and citation omitted). Id. Daimler , 571 U.S. at 137 (internal quotation marks, brackets, and citations omitted). Id.
- Who, What, Where and How – The Foundation of Every Fraud Claim
Pludeman , 10 N.Y.3d at 491 (internal quotation marks and citation omitted). Kramer , 153 A.D.3d 443, 449 (1st Dept. 2017) (internal quotation marks omitted)); Meiterman v Corp. Icon, LLC , 103 A.D.3d 440, 440 (1st Dept. 2013) (internal quotion marks omitted)). Rolls-Royce Corp. , 570 F.3d 849, 853 (7th Cir. 2009) (internal quotation marks omitted).
- Successive Notices of Pendency
(citation and internal quotation marks omitted).
- Enforcement News: Relationship Investment Scams
“Investor protection is a vital part of the SEC’s mission. can be devastating and cause investors to lose billions of dollars every year,” said Acting Chairman Mark
- Two-Year Discovery Rule Does Not Save Fraud Claim From Dismissal
(citation and internal quotation marks omitted). See Shalik v. plaintiff that he or she may have been defrauded, so as to trigger a duty to inquire on his or her part